Killebrew v. Gaither et al

Filing 13

DECISION AND ORDER signed by Judge Lynn Adelman on 2/10/15 granting 8 Request to waive the initial partial filing fee filed by Shondell Killebrew. I will issue a separate order screening plaintiffs complaint. (cc: all counsel, Financial, via USPS to plaintiff)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
SHONDELL KILLEBREW,
Plaintiff,
v.

Case No. 14-CV-1572

ROBERTA GAITHER, JEFFREY PECK, and LATOSHA PERRY,
Defendants,

DECISION AND ORDER
Plaintiff, Shondell Killebrew, filed a pro se complaint under 42 U.S.C. § 1983. I
directed plaintiff to forward to the Clerk of Court $1.16 as an initial partial filing fee in this
action. Plaintiff first filed a request to waive the initial partial filing fee on January 12, 2015,
along with a copy of his prisoner trust account statement showing a zero balance in all of
his accounts. Although plaintiff receives an average monthly deposit of $5.12, any money
that arrives in his account is immediately transferred to pay existing debts. Again on
February 2, 2015, plaintiff submitted his prison trust account statement with a request to
waive the initial partial filing fee. “In no event shall a prisoner be prohibited from bringing
a civil action . . . for the reason that the prisoner has no assets and no means by which to
pay the initial partial filing fee.” 28 U.S.C. § 1915(b)(4).
THEREFORE, IT IS ORDERED that plaintiff’s request to waive the initial partial filing
fee (Docket #8) is GRANTED. I will issue a separate order screening plaintiff’s complaint.
Dated at Milwaukee, Wisconsin, this 10th day of February, 2015.
s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge